“As vacation is a constitutionally guaranteed right for all workers, in accordance with the provisions of article 59 of the Constitution of the Portuguese Republic. The worker is, at a minimum, entitled to a period of 22 working days of paid vacation per year, which expires on January 1st.
However, There are some specificities to take into accountparticularly when there is a temporary impediment to work on the part of the worker, that is, when he or she is on sick leave.
In this regard, It is important to distinguish two scenarios.
First, on sick leave for less than 30 days There is no change to the general framework, with the worker being entitled to all of their vacations.
Already on sick leave for more than 30 daysdetermines art. a month, namely illness…”.
In this case, if the sick leave begins and ends in the same calendar year, the worker maintains the right to all vacation days.
However, if the sick leave begins in one calendar year and ends in another, if the employee, at the start date of the sick leave, has not yet taken the vacation accrued on January 1st of the year in which the sick leave began impediment to work, you are entitled to compensation for untaken vacation, to be paid by the employer. Subsequently, in the year in which the sick leave ends, vacations are counted in the same way as in the year of admission, that is, the worker is entitled to two working days of vacation for each month of contract duration, up to 20 days, in accordance with with the no. 1 of article 239 by reference to no. 6 of article 239, both of the Labor Code.
It should be noted that in the year following the cessation of the impediment, the aforementioned general framework will again apply, with the worker entitled to 22 working days of vacation.
We can therefore conclude that the worker always has the right to vacation, and vacations may only be reduced in very specific cases.”
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The section ‘Work and (un)complicated taxes’ is published fortnightly. Be part of it too. Send your queries, questions or topic suggestions to the email [email protected].
Dantas Rodrigues has been a lawyer since 1993 and partner at Dantas Rodrigues & Associados. He has also been a Law professor at Polytechnic Higher Education since 1995.
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